Net Neutrality Bill Dead After Waxman Fails to Get GOP Support

Action on net neutrality legislation in the House has stalled after the chairman of the House Energy & Commerce committee failed to secure the support of the committee's top Republican.

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Action on net neutrality legislation in the House has stalled after the chairman of the House Energy & Commerce committee failed to secure the support of the committee's top Republican.

"This legislative initiative was predicated on going forward only if we had full bipartisan support in our committee," Chairman Henry Waxman said in a Wednesday statement. "We included the Republican staff in our deliberations and made clear that we were prepared to introduce our compromise legislation if we received the backing of Ranking Member [Joe] Barton and Ranking Member [Cliff] Stearns."

Rep. Barton of Texas, however, "has informed me that support for this legislation will not be forthcoming at this time," Waxman said.

Waxman and fellow Democrat Rick Boucher of Virginia put together net neutrality legislation with four main components. It would: restore the FCC's power to regulate the Internet; prevent ISPs from engaging in unreasonable network management; prevent wireless broadband providers from blocking Web sites; and require the FCC to issue transparency regulations so consumers know exactly what they're getting from providers.

"Under this proposal, both sides would emerge as winners," Waxman said Wednesday. "Consumers would win protections that preserve the openness of the Internet, while the Internet service providers would receive relief from their fears of reclassification."

Net neutrality is the theory that the Internet should remain a level playing field and no one should be able to pay for prioritized access to the Web. In October 2009, the FCC proposed formal net neutrality rules that would prevent ISPs from discriminating against particular applications, like BitTorrent. The FCC took action after it found Comcast guilty of unreasonable network management in 2008. Comcast, however, appealed the decision and earlier this year, a court ruled in Comcast's favor. That threw the FCC's right to regulate the Internet into question; hence the provision in the Waxman bill that would restore the commission's authority.

The FCC is currently exploring a "third way" to regulate broadband that would narrowly reclassify the transmission of data as a telecommunications service that the agency could directly regulate, balanced by a hands-off approach to other aspects. Waxman said Wednesday that if legislative efforts fail, he would support this path.

"I do not close the door on moving legislation this Congress. Cooler heads may prevail after the elections," Waxman said. "The bottom line is that we must protect the open Internet. If Congress can't act, the FCC must."

In a statement, Rep. Barton said he consulted with fellow Republicans and "there is a widespread view that there is not sufficient time to ensure that Chairman Waxman's proposal will keep the Internet open without chilling innovation and job creation."

Congress is scheduled to adjourn shortly for more than a month to prep for the upcoming mid-term elections.

Overall, however, the Waxman bill is "a tacit admission that the FCC is going down the wrong path," Barton continued. "It is not appropriate to give the FCC authority to regulate the Internet."

"If the majority wants to work on a solution to continue a free and open Internet, let's consider the issue deliberately, rather than punting with a halfway measure two days before the end of Congress," Barton concluded.

Consumer group Free Press also urged the FCC to act.

"In the wake of Chairman Waxman's announcement, consumers need FCC action now more than ever," Free Press political adviser Joel Kelsey said in a statement. "The FCC must exercise its authority to protect Internet users and implement the National Broadband Plan. Consumers are currently unprotected, and it would be irresponsible for the FCC to fail to act."

Chloe Albanesius has been with PCMag.com since April 2007, most recently as Executive Editor for News and Features. Prior to that, she worked for a year covering financial IT on Wall Street for Incisive Media. From 2002 to 2005, Chloe covered technology policy for The National Journal's Technology Daily in Washington, DC. She has held internships at NBC's Meet the Press, washingtonpost.com, the Tate Gallery press office in London, Roll Call, and Congressional Quarterly. She graduated with a bachelor's degree in journalism from American University...
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